How Appealing



Thursday, January 27, 2011

“Hawaii senators hold prayer despite vote to end it”: The Associated Press has a report that begins, “A group of nine Hawaii senators held hands, bowed their heads and sought God’s blessing Wednesday, signaling that they’ll still pray despite a vote last week to abandon official invocations. Fears of court challenges compelled the state Senate to end prayers, making it the first legislative body in the nation to do so.”

Posted at 8:57 AM by Howard Bashman



“Closed door Wisconsin Supreme Court meeting riles some justices; Public sessions set on disputes over finances, rules”: This article appears today in The Milwaukee Journal Sentinel.

Posted at 8:50 AM by Howard Bashman



“Duffly is narrowly approved for SJC”: The Boston Globe today contains an article that begins, “Governor Deval Patrick’s Supreme Judicial Court nominee won narrow approval yesterday, averting potential embarrassment to the governor on a pick that few saw as controversial when she was initially chosen.”

And The Associated Press reports that “Governor’s Council approves Duffly for Mass. SJC.”

Posted at 8:46 AM by Howard Bashman



“Geography could be factor for nominators”: In today’s edition of The Des Moines Register, Grant Schulte has an article that begins, “Some members of the state panel that nominates finalists to the Iowa Supreme Court suggested this week they will consider applicants from outside the Des Moines area as a way to add geographic diversity to the bench.”

Posted at 8:42 AM by Howard Bashman



Wednesday, January 26, 2011

“Prop. 8 opponents ask California high court to reject federal court’s request for ruling; The request involves initiative supporters’ right to defend a ballot measure when state officials refuse to do so”: Maura Dolan has this article today in The Los Angeles Times.

Posted at 2:47 PM by Howard Bashman



“Be bold, justice candidates told”: In today’s edition of The Des Moines Register, Grant Schulte has an article that begins, “The three new justices who are appointed to the state’s highest court should be able and willing to challenge other justices’ legal arguments, Iowa Supreme Court Justice David Wiggins said Tuesday.”

Posted at 2:20 PM by Howard Bashman



“McKenna is named to state’s high court; The state judge garners praise for her people skills and competence”: Ken Kobayashi has this article today in The Honolulu Star-Advertiser. The article reports, among other things, that “McKenna would be the first openly gay member of the Hawaii Supreme Court.”

Posted at 2:15 PM by Howard Bashman



“Emanuel back on ballot — for now”: Abdon M. Pallasch and Fran Spielman have this article today in The Chicago Sun-Times. Pallasch also has a profile of the Justices serving on the Supreme Court of Illinois.

The Chicago Tribune reports today that “State Supreme Court gives Emanuel a reprieve; Justices order his name on the ballot for now, agree to expedited review.”

The New York Times reports that “Emanuel Back on Ballot; Court Will Hear Case.”

And The Washington Post reports that “Emanuel’s mayoral bid gets boost from Obama.”

Posted at 9:44 AM by Howard Bashman



“Senate nears approval of filibuster changes”: Today’s edition of The Washington Post contains an article that begins, “The Senate edged closer Tuesday to resolving a standoff over the chamber’s arcane rules after leaders presented a set of modest changes designed to satisfy a group of junior Democrats who are pushing to dramatically revamp the filibuster process.”

Posted at 9:36 AM by Howard Bashman



“Rights groups back Sikh man in fight over his beard”: This article appears today in The Sacramento Bee. The article reports that “U.S. Supreme Court Justice Samuel Alito, then on the 3rd U.S. Circuit Court of Appeals, ruled in 1999 that a New Jersey fire department was required to accommodate Muslim firefighters who wore beards for religious reasons.”

Posted at 9:35 AM by Howard Bashman



“Guantanamo detainee’s sentence renews debate about civilian trials; The first civilian trial of a Guantanamo detainee prompted questions about whether civilian court is the best place for alleged terrorists”: The Christian Science Monitor has this report.

Posted at 9:30 AM by Howard Bashman



Tuesday, January 25, 2011

“U.S. Supreme Court rules in favor of Ohio woman assaulted by prison guard”: This article appears today in The Cleveland Plain Dealer.

Posted at 10:27 PM by Howard Bashman



Supplemental reply brief filed in Third Circuit en banc case challenging certification of a nationwide, state-law, indirect-purchaser antitrust class action seeking to recover monopoly overcharge damages: Moments ago, I filed this supplemental reply brief for appellant in the U.S. Court of Appeals for the Third Circuit in response to class counsel’s lengthy supplemental brief for appellee filed earlier this month.

The Third Circuit requested supplemental briefing in an order that the court issued after granting rehearing en banc. The supplemental brief for appellant that I filed last month can be accessed here. Additional background on the case can be accessed here and here. The case will be reargued en banc next month.

Posted at 5:00 PM by Howard Bashman



“6 justices to attend Obama speech Tuesday night”: Mark Sherman of The Associated Press has a report that begins, “Chief Justice John Roberts will lead a contingent of six Supreme Court justices at President Barack Obama’s State of the Union speech, quieting speculation that only Democratic appointees to the court would attend.”

Posted at 3:20 PM by Howard Bashman



Monday, January 24, 2011

“Thomas Says He Erred on Disclosure”: Tuesday’s edition of The New York Times will contain an article that begins, “Under pressure from liberal critics, Justice Clarence Thomas of the Supreme Court acknowledged in filings released on Monday that he erred by not disclosing his wife’s past employment as required by federal law.”

And in Tuesday’s edition of The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey will have an op-ed entitled “Common Cause v. Scalia and Thomas: The liberal lobby tries to quiet two conservative voices.” You can freely access the full text of the op-ed via Google News.

Posted at 9:12 PM by Howard Bashman



“Obama Names Verrilli for Solicitor General Post”: Marcia Coyle has this entry at “The BLT: The Blog of Legal Times.”

Evan Perez of The Wall Street Journal has a news update headlined “Obama to Nominate White House Lawyer Verrilli as Solicitor General.”

At “The Caucus” blog of The New York Times, Charlie Savage has a post titled “Obama Selects Donald Verrilli as Solicitor General.”

Pete Yost of The Associated Press reports that “White House lawyer picked to be solicitor general.”

Greg Stohr of Bloomberg News reports that “Verrilli Chosen by Obama to Be Solicitor General After Kagan.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Verrilli chosen for SG post.”

Posted at 5:25 PM by Howard Bashman



“W.H. may allow new tribunals”: Josh Gerstein of Politico.com has an article that begins, “The Obama administration, with its plan to close Guantanamo largely stymied, is edging toward one option that is still available: trying detainees in military commissions at the island prison, according to officials and outside analysts.”

Posted at 1:23 PM by Howard Bashman



Access online today’s Order List and decisions in argued cases of the U.S. Supreme Court: The Court today issued three decisions in argued cases.

1. Justice Sonia Sotomayor delivered the opinion for a unanimous Court in Chase Bank USA, N.A. v. McCoy, No. 09-329. You can access the oral argument via this link.

2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Ortiz v. Jordan, No. 09-737. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Justices Antonin Scalia and Anthony M. Kenendy joined. You can access the oral argument via this link.

3. Justice Scalia delivered the opinion of the Court in Thompson v. North American Stainless, LP, No. 09-291. All Justices joined in the opinion except for Justice Elena Kagan, who did not take part in the decision. Justice Ginsburg issue a concurring opinion in which Justice Stephen G. Breyer joined. You can access the oral argument via this link.

Lastly, the Court issued a summary per curiam reversal in Swarthout v. Cooke, No. 10-333. Justice Ginsburg issued a concurring opinion.

You can access today’s Order List at this link. The Court today granted review in two cases and called for the views of the Solicitor General’s Office in one case.

In early news coverage, The Associated Press has reports headlined “Court says company can’t fire employee’s fiancee“; “Court: Chase could increase interest rates“; “High court rules for prison victim of sex assault“; and “High court rejects farmer who tangled with Tyson.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Scope of Miranda in jail.”

Posted at 10:07 AM by Howard Bashman